La Autorización Ambiental Integrada (AAI) es la resolución escrita del órgano competente de la comunidad autónoma en la que se ubica una instalación, por la que se permite, a los efectos de la protección del medio ambiente y de la salud de las personas, explotar la totalidad o parte de una instalación, bajo determinadas condiciones destinadas a garantizar que la misma cumple el objeto y las disposiciones de esta ley.
En Andalucía será el Decreto 5/2012, de 17 de enero, que regula la autorización ambiental integrada y se modifica el Decreto 356/2010, de 3 de agosto, por el que se regula la autorización ambiental unificada, es el que determina el modelo –oficial- de solicitud de AAI, señala el contenido que debe tener el Estudio de Impacto Ambiental que acompaña a la solicitud de AAI y demás documentación que deberá incluir esta solicitud.
Hay que tener muy en cuenta que la tramitación y documentación a aportar variará si es para nueva AAI, para modificar la AAI de una instalación, cese de actividad, etc.
Por otro parte el Real Decreto Legislativo 1/2016, de 16 de diciembre, por el que se aprueba el texto refundido de la Ley de prevención y control integrados de la contaminación, regula la Autorización Ambiental Integrada integrando en un texto único las sucesivas modificaciones introducidas en la Ley 16/2002, de 1 de julio. Aquí es donde atenderemos a la documentación que debe contener la AAI.
La AAI es un procedimiento que engloba varias autorizaciones que hasta hace unos años se realizaba por separado. Ahora en un solo documento se recogen todos los requisitos de carácter ambiental aplicables a la instalación o proyecto propuesto.
Mejoras técnicas disponibles (MTD´s).
La aplicación de las MTD´s se traduce en consecuencias prácticas de gran trascendencia para las instalaciones afectadas, por cuanto se modifica sustancialmente la Autorización Ambiental Integrada (AAI).
La Ley 16/2002, de 1 de julio, de Prevención y Control Integrados de la Contaminación, que traspuso al Ordenamiento Jurídico español la Directiva 96/61/CE, es uno de los instrumentos más importantes con que se ha dotado la Unión Europea para asegurar el crecimiento sostenible del sector industrial a través de la armonización del funcionamiento competitivo de las instalaciones con la preservación del medio ambiente.
Otro de los objetivos importantes de la AAI es garantizar que los titulares de las instalaciones adopten medidas para la prevención o control de la contaminación, en especial mediante la aplicación de las consideradas Mejores Técnicas Disponibles (MTDs) recogidas en los documentos de referencia (BREF) aprobados para cada sector por la Comisión Europea.
El objetivo de esta normativa es evitar o, cuando ello no sea posible, reducir y controlar la contaminación mediante el establecimiento de un sistema de prevención y control integrados.
Esto significa considerar:
− Todas y cada una de las fases del proceso productivo
− El medio ambiente como un todo, debiéndose evitar la transferencia de contaminación de un medio (agua, suelo y atmósfera) a otro.
− Las particularidades de cada instalación y de cada medio ambiente receptor.
En la Autorización Ambiental Integrada se fijarán los condicionantes ambientales exigibles y, entre otros aspectos, se especificarán los valores límite de emisión de sustancias contaminantes que se asignen para esa instalación o, si así se determina reglamentariamente, las medidas técnicas de carácter equivalente que complementen o sustituyan a los valores límite de emisión. Éstos deberán basarse en las mejores técnicas disponibles, tomando en consideración las características técnicas de la instalación, su implantación geográfica y las condiciones locales del medio ambiente.
En otro post conoceremos más sobre las MTD´s.
¿Necesitas conocer más sobre las autorizaciones ambientales, ya sea la integrada o la unificada? Estaré encantado de ayudarte.
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